Decision 1547E – Ventura County Community College District

LA-CE-4082-E

Decision Date: September 24, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 133

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

NLRA precedent may be relief upon to the extent issues being addressed are similar even if underlying statute is different (fn. 8, p. 22).

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.01000 – In General

In determining the employee status under the Act the Board is not bound by the employer or employee’s intentions, only the language of the Act. Board applied the common law right to control test to determine whether an individual was an employee or independent contractor.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.06000 – Independent Contractors

In determining the employee status under the Act the Board is not bound by the employer or employee’s intentions, only the language of the Act. Board applied the common law right to control test to determine whether an individual was an employee or independent contractor.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.01000 – In General

Board applied the common law right to control test to determine whether an individual was an employee or independent contractor.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.04000 – Joint, Single or Dual Employers

Board found that local sheriff’s employee who taught community college courses for credit were jointly employed by the sheriff and community college district during the times they were teaching.

1000.00000 – SCOPE OF REPRESENTATION
1000.02026 – Contracting Out

Community college district and local sheriff unilaterally entered into an agreement to allow sheriff’s employees to teach criminal justices for students who would receive college credit. Board found that the agreement was not a subcontracting decision since District maintained the primary right of control over the sheriff’s employees. Instead, Board analyzed the agreement as akin to a transfer of work and found that the decision to utilize sheriff’s employees as instructors was within the scope of representation.

1000.00000 – SCOPE OF REPRESENTATION
1000.02147 – Transfer of Work Out of Unit

Community college district and local sheriff unilaterally entered into an agreement to allow sheriff’s employees to teach criminal justices for students who would receive college credit. Board found that the agreement was not a subcontracting decision since District maintained the primary right of control over the sheriff’s employees. Instead, Board analyzed the agreement as akin to a transfer of work and found that the decision to utilize sheriff’s employees as instructors was within the scope of representation.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.03000 – Back Pay; Interest

Parties ordered to negotiate over backpay claims. If no agreement, union may seek compliance through PERB’s general counsel. An award of agency fees is inappropriate in transfer of work case except to the extent backpay is negotiated.

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
1202.01000 – In General

To avoid disruption of the operation of the academy and education of its students, the Board does not order an immediate return to the status quo ante in a transfer of work case. The parties have 120 days to negotiate a resolution.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.10000 – Other Affirmative Relief

An award of agency fees is inappropriate in transfer of work case except to the extent backpay is negotiated.